The Abbeville messenger. (Abbeville, S.C.) 1884-1887, February 11, 1885, Image 2
The Abbeville Messenger.
W. I,. BONHAM, Jk.,) Avn
} Ed,to1>KXKTok,
WEDNESDAY, FEBRUARY 11, 1A85.
GRAVE REPORTS.
The trial of John (J. Ferguson for th?
killing of Arthur Benedict has ended in
a mistrial, and must he had again. In
what we are ahout to say, wo desire it
understood that our utterances have no
reference to the future of this rase. We
would upon no account prejudice his
cause. But, in connection with the trial
just closed, there are some giavo and
serious matters which wo cannot, as
honest journalists, allow to pass in
silence.
Humors touching the integrity of the
proceedings are rife within this community.
Ovcr-/.ealous friends of the
accused, it is said, have used undue influences
upon jurors. Indeed, the composition
of the panel has Wen the source
of much whispered insinuation. We
desire to say that what we now say has
no reference to the counsel of the accused
man.
It is not our purpose to regale the public
with the thousand and one rumors
filling the air iu regard to this matter.
Our aim is simply to say to those who.
in their misguided zral for a friend, have,
if what is said is true. Iniil thi>niKi?1v<>s
liable to punishment by the law; that the
tone and temper of this County will not
tolerate any act that has the appearance
of tampering with the administration of
the law. If we know this people, they
want to give to every man a full, fair and
impartial trial. But their sense of honor,
their love of fairness, their respect for
law, all demand that the perfect purity
of the trial by jury shall be maintained
inviolate. Moreover, their pride in the
good name of their County rises to protest
against everything that has the semblance
of an attempt to prostitute our
Courts of justice. There is no language
too strong in which to condemn the
actions of those who are affected by those
reports, if they be true. Upon every
Btreet corner it i? asserted thst no effort
was left unused to get upon the panel
men known to be friendly to the defendant.
That unlawful communication was
attempted to be had with the jury, and
that before the trial jurors were approached
with reference to this trial.
Now, we say again, If all this, or any
part of it, be true, it is a disgrace to our
people and our County, and an experiment
which he who attempts hereafter
tfill find to be exceedingly dangerous;
au'd we say this with no reference to this
case. But we lay it down as a rule,
which the honorable people of this
County will demand, shall bo rigorously
enforced. Tho safety of law-abiding
citizens?of those who observe the law,
and depend upon it for protection lies
in its strict enforcement. We cannot
afford, therefore, to bo silent when dangerous
inroads are made upon this citadel
of our rights. We trust that we shall
not again have occasion to write a warning
like this.
OUK KAIL ROAl).
In the interest excited by the events
of our Court don't let us lose sight of
the C., C. G. & C. R. R. Succoss in an
enterprise of this nature lies in no
smnll degree in the persistent efforts of a
few persevering and courageous men.
By general consent, or more properly |
because of general indifference a few
men come to tho front in every undertaking
and bear the brunt of heat and
J>urden. These men have arisen in our
midst and it becomes the duty of our
community to support them and uphold
their hands.
The Action of the Board of trade and
the Chamber of Commerce of Charleston
is very encouraging. They at least
recognize the importance of this connection
and, their suggestions and opinions
will doubtless have much weight in inducing
the people of Charleston to embark
their money in the undertaking.
The tpwn of Trenton has met the
people of Abbeville in the proper spirit
and resolved to issue Bonds to the extent
of five per cent, of their taxable
property in aid of the lload. We
have not yet heard from Edgefield
and Aiken. but we have no
doubt of their potion in the premises.
Let Abbeville therefore continue the
good work it has begun and lead in this
undertaking. To her the road is a last
necessity. Prudence, sagacity, energy,
require her to build it. Indeed her safety,
and the preservation o? her Very existence
depend upon i*..
EDITOKI A Li NOTES.
Mr, N. G. Gonzales, roportor for tho
News and Courior, was sent hero by tliut
enterprising journal to attend the Ferguson
trial. Mr. Gonzales is one of tho
bext news paper men in tho State, and is
t ?<? a most social and genial gentleman.
ADVICE TO MOTHKliS.
Are you disturbed . at night and broken
of your rest by a sick child suffering
and crying with pain of cutting
teeth ? Tif so, send at once and get a
bottle of Mas. Winsi.ow's Soothino Syrup;
FOB ClIILDHEN TkRTHINO. Its value
ifi incalculable. It will relieve the poor
little sufferer immediately. Depend upon
it, mothers, there is no mistake about
it. It cures dysentery and diarrhoea, regulates
the stomach and bowels, cures
wind colic, softens the gums, reduces inflammation,
arid gives tone and energy to
the whole system. Mrs. Winslow's
Soothing Syrup for Children Tkkthinq
is pleasant to tho taste, and is the
prescription of one of tbe oldest and best
female nurses and physicians in the
Sfnited States, and is for sale by all
ruggists throughout the world. Price
2ftxcents a bottle. * 6-ay
Ferpson's Folly.
HIS SANITY QUESTIONED.
Full Account- of the Trial ?Testimony
of Expei-U ? Doctor* Disagree
and ho <lo the .Tury?lO to
2 the ItcHiilt.
Other Court Proceeding.
wkdnkshay.
The argument in the case of th?
vs. John Moore, whs concluded
nid his Honor charged the jury and
.hey retired.
The State vs. Hugh It. Gibert, assault
and battery with intent to kill, was then
railed. Mr. K. B. Gary, represented
'.lie defendant. On motion of defendant's
counsel the case was continued, on
account of the absence of a material
witness.
State vs. Allen Watson, indicted foi
assault and battery with intent to kill
lj. \V. Smith for the defence. Verdict,
sjnil'.y.
State vs. Rafe f!hilcs?Carrying con
coaled weapons. O. T. Calhoun and
F. B. Gary for defence, not guilty.
When the jury in the John Moore case
had reported to the Court that the}
were unable to agree upon a verdict, bis
Honor instructed them to return to their
room, and take a vote upon the question
as to whether they were willing to stay
there and tight it out. The jury unanimously
decided, that they bad bad
enough of it, and his Honor instructed
the Clerk to enter a inistri: 1.
'TIIlTttSOA Y.
The whole day was taken up in the
trial of the State vs. Thomas (iaston.
white; and Fed Devlin, colored, indicted
for burglary and larceny. G. W. Cromer
was the prosecutor and had employed
Kllis G. Graydon to assist the Solicitor.
The defendants were represented by
Messrs. Bradley, Bonham and 0, T.
^alhoun. The jury returned a verdict
of not guilty.
PRESENTMENT OF TUE GRAND
JURY, FEBRUARY TERM, 1885.
I'o tiik Hon. B. C. 1'kksslf.y, Pkk81
ItIKU J UDC K.
The Grand Jury respectfully submit
the following report : We have examined
the offices cf the County and so
far as we" are capable of judging they
are well kept. Wo recommend to the
County Commissioners to be more par>:
1 ? i i
m^uiui in tiiuir i;uiurnv;ij) aiiu ngiu in roquiring
a strict compliance with the
specifications. The roads in spine localities
are not well worked. The road
supervisors are expected to do a largiamount
of work without compensation.
The overseers are thus freed from accountability.
and the labor necessary to
keep up the highway is not given. Th*
C. & G. Railroad ignore Sections, 1434,
1502 of General Statutes. The K. & A.
Railroad disregard Sections 1475 and
1476. And we recommend these Roads
to the attention of the Solicitor.
The County Commissioners are
prompt in noticing all complaints made
to them under Section 1178, in regard
to the removal of obstructions from
creeks and branches, we rocoinmend a
more general enforcement of the Act.
The Poor House we have examined
with care and recommend some ltttle
repairs lo the buildings. The inmates
are well cared for anil are comfortable.
The Trial Justices, have furnished us
with only 10 Hooks ; four of these only
are in proper form and well kept. We
recommend, the rest be required to procure
books of the same kind, which will
furnish an itemized statement of each
case.
We examined the jail and find it
well kept, w'.th due regard for the comfort
and safety of the prisoners.
There are serious complaints made to
us of the palpable violation of the law
\\\T enmn 1 !* ?? r?r?? o in # r* "" 1 " ? ^
uj owmv m iiic oua* Ui iiJUClli
spirits, but we nre not now prepared
with the evidonce to prosecutc to conviction.
Wo submit the following from the
Probate Judge :
Gentlemen :
As Judge of tlie l'robute Court which
has jurisdiction in matters of Lunacy,
I respectfully call the attention of your
honorable body to the fact, ther? are a
few fiUniltins in thic nnnnfir ivlio -
J
not violent or clangorous, and under recent
act of the Legislature cannot be
committed to the Lunatic Asylum.
This class of unfortunate people will
doubtless have to be provided for by the
County, and attention is called to thein
now, that such provision inay be made
as will meet their requirement.
As to the funds in my hands I rospcctfully
report tho sum of 12613.49, all of
which is now on deposit in tho Anderson
National Rank.
All of which is respectfully submitted
by,
J- Fuller Lyon,
heai.>
Judge Probate Court.
Wo tender our thanks to your Honor
and the Solicitor and the ofliccrs of the
Court for courtesies extended to us in
tho discharge of our duties.
Respectfully submitted.
J. W. OLDHAM,
\9 -
r ore-man.
Abbeville C. II.. S. C. Fob. 4, 1885.
On motion of Jas. L. Orr, Solicitor,
ordered :
Thftt ho much of the presentment of
the Grand Jury an rcdatoH to County
matters be copied by the Clerk and
gerved upon the County Commissioners.
That bo much of the presentment of
the Grand Jury as relates to the two
Rail Roads, bo copied by tho Clerk and
mailed to the Rail Road Companies and
to the Presidents of- the respective
roads.
That so much as relates to Trial Jus*
liccs, be copied by the Clerk and served
upon the Trial J ustices.
Feb. 9. 1885. B. C. Prjcsst-ky,
Presiding Judge.
friday.
This was the day appointed for tho
rial of John C. Ferguson for the killing
>f Arthur Benedict, and ns it was generally
known, the Courtroom was crowded
vhon 10 o'clock, the hour for comnencing,
liad arrived. The State and
ho defence both announced their will
ngness to proceed, nnd Clerk Zeigler
egan to call the jurors. After a number
of them had been put upon their
, oir (tire, and a good many objected to
>n the part of the defence, and some by
I the Slate, the following jurors were
selected to try the cause :
J. A. Partlow. Foreman; lien Brown,
i (col) Theodore Kennedy. .1. I). Carwile
J. J. Bass, W. C. Shaw, .1. C. Mundy,
W. W. Liws<?n, Lewis Brown, (col;
T. H. Black well, .J. K. Kllis, Peter
Richey, (col).
TKSTIMONY KOll TIIB K'l'ATK.
Mr. William Hiloy, was the first witness
offered by the State, and, being
sworn said: Am Marshal of the town;
was standing just above the door of Auerbneh's
sloro when 1 heard a pistol tired;
saw a good many negro women rush out
o. door; rati in there and saw ltenedict
was shot; saw Ferguson standing tliere
with pistol in his hand; asked him if he
did the shooting, and he said "yes, the
damn rascal was trying to kill me." 1
then arrested him, and sent for Mr.
Orayclon, who would not let him give
bail. I then took him in the Court
Mouse to Mr. Dul're. Asked him if he
could give bail, and Mr. Dul're sent him
to Mr. DeBruhl, who inquired into the
shooting and on finding Benedict was
dying refused to allow him to give bail
and sent him to jail.
On tho cross-examination witness described
the positions of Benedict and
Ferguson when he entered store.
Elijah Vance, colored, sworn: Was
in Aucrbach's story when Benedict was
shot; noticed r erguson leaning on counter
opposite Benedict, anil saw Ferguson
put his hand in his pocket, pull out his
pistol, cock it, and put it in his overeo"'
pocket. Caught a yon?"~ .?.i ny the
arm, who was, mu, and took him
saying I d;?i-. i know who he was going
to shoot. Was in Kalisky's when shot
was fired: saw Benedict right after he
was shot; saw nothing in his hand.
Cross-examined?I'Yrguson was leaning
on the right hand counter ^oing in,
at the lower end of it. B-neiiu-t was
below on the other side behind counter,
waiting on customers; didn't notice
what he was selling; was behind Ferguson
when 1 saw him take out pistol;
was nearer the door than he was; took
pistol from hip pocket, not in much of a
hurry. Ferguson said nothing when I
was in there. There was a crowd in the
store; was in store five minutes: found
Ferguson there and left hiin theiv.
Re-direct?Diagram of store shown
witness and from it he explained positions
of the defendant and the deceased.
Hetty Belton, colored, sworn: Was in
Auerbach's store when Ferguson shot
Benedict; Ferguson was on right side
of store leaning on counter, then wont
over on lh?> l<?ft sidr>. Hpnr><li<*L wn.? ln>
hind tlie left hand counter and coinincnced
waiting on me. 1 asked him to
show mc some shoes; he came from hehind
the counter and went towards Ferguson
to get them; heard Ferguson say
something to him, but did not understand
what it was; heard Benedict say
"What you say?" and then Ferguson
shot him; Benedict did not get a chance
to get the shoes before he was shot;
Benedict had nothing in his hand.
Lucy Saunders, colored, sworn: I
was in Auerbach's store when Benedict
was shot; was standing between the door
and Benedict; Ferguson was leaning on
right hand counter" not far from door;
Benedict was behind loft hand
counter not far from door; when I saw
him again he was on the left hand side,
at counter furthest from tho door; Benedict
was behind left hind counter, Ferguson
had pistol in his hand; a stack of
boxes between me and Benedict, so that
I could not see him; saw Ferguson was
going to shoot and started to run; didn't
see Benedict come out of store.
Cross-examined?Was with Hetty
Belton, standing beside her when pistol
was lired; didn't hear Benedict say a
word, nor Ferguson either; didn't know
who Ferguson was then, but 1 noticed
1.; In.ninr. . 1 A ?
mi iniiiiiiig mii iiic i igut vi'iiuivi
as I went in; didn't sec Ferguson cock
his pistol, and don't know how far Benedict
was from Ferguson when lie pot
allot.
Dan Plummer, colored, sworn: Was
in Auerbach's st->re when Ferguson shot
Benedict; Ferguson was standing on the
right hand side of the store, Benedict
behind the left hand counter. Benedict
went from bchiml the counter to get
some shoes and Ferguson shot him; saw
him wh^n he pulled out his pistol; shot
him before I left the store.
Cross-examined?Auerbach's store
was crowded on the day before Christmas.
I never noticcd Ferguson till he
shot Benedict; saw him take his pistol
out of his hip pecket. Three or four
women were getting shoes from Benedict;
heard neither Ferguson or Benedict
say anything.
Re-direct?lam not sure which pocket
Fergusou took his pistol from.
Richard Sondley, sworn: Was in
front of Auerbach's store at the time
of the shooting; Benedict came to the
door and said .he was shot and 1
caught him; was shot a littlo to the
left of the meridian line; died in
in twenty or thirty minutes after he was
shot; bled very little externally; had
nothing in either hand.
Cross-examined?Saw Ferguson in
the store about the length of first counter
back; all came running out when
pistol was fired.
D. J. Jordan, sworn: I know Ferguson
and Benedict. I was standiner in
Auerbach's store, and Forguson wart on
the edge of the door, while Benedict was
inside the door; heard them talking but
paid no attention until I heard Ferguson
call Benedict a damned liar and Benedict
said you are another. This was a
week before the killing.
Samuel Mil ford, sworn: I know Ferguson;
saw him on 24th December last
in Itoub Haddon's bar-room. I heard
him say to Stark Martin, como 'on down
here if you want to sen mo kill a damn
Jew. Stark said oh, no, don't go. I
left thorn there, and had just got over to
Mr. Hill's and stood there a little bit
whep J heard of tliv? shonlinj. It was
abouj ton ininuNw from tin* time 1 heard
conversation with Stark Martin.
Crow-examined?I had hitched my
norse in me rear oi Keul> flaiWlon'* and
had (romp in ?)ier?' ti> jjvt warm: didn't
taken drink; Ferguson was there; It
was not in bar-room where I heard
the conversation with Stark Martin, but
at Knox's corner. Stark Mnrtin had a
conversation with mc, and tried to get
me to deny somothing, but very few
words passed between uh. I wont to
see Mr. Bonham after that conversation.
I didn't tell him I was mistaken; I
sometimes take a drink; took right
smart on Christmas day ; took only one
drink of beer on Christmas eve, that was :it i
after the shooting took place. Col
Mr. Kali.sky, sworn: I am merchan- iigl
dizing here, know Ferguson, saw hiin in F?-l
my store on day Benedict was shot; he j
asked if I had any thirty-eight or thirty- (?
two cartridges, I said I did not. He ?n,
said well 1 have enough anyhow to kill i,f.<
a man ; He then cocked his pistol and |
put some cartridges in, don't know how in ,
many; I don't think this was more |\N,
than two and a half minutes before Ben- wo
edict was killed. Th
Cross-examined?First told this when ||:l
Ferguson was arrested ; told it to Wade |)t.
Cotliran, Sondley and Visanska; I was d,,,
very busy in my store; didn't mention |H.
about cartridges until three or four ng(
o'clock. Ferguson was in my store for n0(
ten or fifteen minutes. I didn't try to Wft
recall who was in my store when Fereu- [,}?
son asked for cartridges ; customers in jlol
store might have seen pistol. Had not
spoken to Benedict for over a year and s?,(
a half. Mr. Auerbach and myself are \\*I
not friendly. I am an Israelite, Bene- wo
diet and Auerbach are Jews also. For- on|
guson generally bought 38 cartridges.
Solicitor Orr. hpro annnnnroil firm* tlin
, ? - sin
State would rest. hy
Mr. lionet for the prisoner, raised the a s
point that the State was compelled to to
put up cvry eye-witness to the killing, i,Q
and give the prisoner the benefit of Vcit
cross-examining them. lut
The Judge ruled that the State was he
not hound to put up any witness, which ho
in the judgment of its prosecuting ofti- J i]
cor, would injure the State's case, or mr
even lean to the other side. Defend- rje
ant's counsel excepted to this ruling. I s
Mr. lionet then made the point that i,M
the State was compelled to examine all jnj:
witnesses whose names were on the thi
back of tj)p indictment. lib,
His Honor ruled that such was the sat
case, unless the Solicitor could s:iii>;f\
the Conrt, that ho hart goo?l reasons fur hii
not so doing, and of those reasons he w?
was p.prf^ ,'y satisfied. Defendant's
co^i'- ' '....vpted also lo this ruling. na
.. request of defendant's counsel tr(1
the Court took a recess until half-past sd
two. W(
AFTKR RECKSS.
go
Martha Wharton, colored, sworn: wi
John Ferguson's nurse; had charge of sai
him three years; had '"spells" he would I t
fall; have to carry him in the house; rub soi
him with camphor and things; trouble spi
seemed to be in his head: couldn't tell thi
his age: more than a year old when 1 no
first went there; he was walking; he on
had these spells right often, sometimes; wti
couldn't toll how often. die
Cross-examined?I can't tell how un
old I am; about L5; I could not tell how an
old Mr. Ferguson is; couldn' tell who wl
was the Doctor; saw the Doctor: didn't wi
know him: did'nt send for a Dnrtur of. ? l
ten, they knew what to do *. they did sin
send for a doctor ; could'nt exactly tell in
how was wlien I belonged to H<
them. in time of the war; could'nt tell th<
how many times sent for doctor: chil- sm
dren yoiujger than Ferguson right smart in
difference in ages of children : I was roi
certain to be there wlien he hud these an
spells; don'-t know how old when coin- wo
mencc nursing him. 20*
Mrs. tiusrn Ferguson, sworn : Am tin
mother of the defendant; Martha 14
Wharton was eight years old when she str
nursed him; Johnnie was hotter than Ht
a year old ; lived at the Litos place on str
the other side of Long Cane ; Dr. James ag<
Mabry, who is dead now, attended him. ev
John had spells sometimes when out in lo<
the yard, and would he brought in-the 1 1
house palo and senseless ; would not IIi
send for a Doctor, because he would he ha
over them before the Dne.tm- dinM
there ; John when a child would scream laJ
unnaturally when asleep ; I know no all
cause lor it; none of my other children be
were affected in this way ; have seven ws
living children and three dead; John his
was the oldest son and was next to the to
oldest child; ho is twenty-throe yenrs be
old, is married and has one child ; has go
been married two years last December ; foi
spells spoken of left hiin when four or he
five yeai'B yld ; have observed a return afi
of them about throe years ago, came wl
home with them in 1H81 ; looked pule hii
and low.spjrited ; went out in the yard lei
and caught a negro by name of Tom ai
Unrrv in thn r?nl 1 nr fnr nn ?
^ , ... ...w ww.M.f v?l Ull u.\ niiu Wl
said he was going to kill him; he 1h? ha
him go as soon as he saw me : saw no of
other spell after that till 19th of Decern- I
ber; he was at our house at that time ; sl<
looked very sad and pale ; had eresip- ro<
elas in his leg at that time, which was a <
giving him great pain; he had looked th
sad and depressed all year; I noticed it lei
especially after the 14th of February ; he tel
was stabbed in the back at that timo ; an
seemed a bad wound, for it gave him do
great pain ; from that time he has'nt I ?
been like he was before; had been to he
Ninety-Six to a wedding on the lUth D'j- in;
cetnber; he had nut been drinking to tri
inyknowedge; he was restless on Kri- as
day night before Christmas; said his in;
leg gave him such pain that he could'nl \V
sleep; he did'nt seem conscious of what no
he was doing after ho came from Ninety- lat
Six ; saw him next morning : s-mmiiwI to m:
be sad looking, and had'nt much to say : to:
said he wished he was dead, for rvery ov
body was against him ; 1 always felt un- br
easy about him ; Lizzie, my oldest ehild, an
died in 1873; sho was snbjeet to these wr
ii.. ?
opuuH in -nur iwmii vear; nan mom sei
about six months .before we jr??r them hii
stopped ; she foamed at the mouth and ha
became black in the face ; sent for Dr. foi
Roberts to s&e her; was living at Cal- be
houn's Mills then ; he gavo her vera- ail
trum; she was nearly thirteen years sij
old when she died ; was never slroneaf- mt
ter thoso spells ; I thought it was hard in<
study that gave them to her; she had I)i
spells more at night than during the day ; inj
did'nt notice they disturbed tier sleep, an
fVial with veratrum viride in it shown th
witness and identified as the same from ob
which she gave her daughter Lizzie, hit
doses.J I had three uncles and two
aunts who died suddenly with such soi
spells; they were Alien, Sherod and hii
William Barksdale, Mary Barksdale and kn
Mrs. Kerr; these facts were not well da
known in the neighborhood, because we
never spoke of them; always tried to til
keep it to ouvelvos. thi
Cross-examined : Lizzie had thene bu
spells for six months and then cot over th<
them, but never was well any more; dri
thought tl^ey were brought on by hard Co
Mtudy ; ( was not present when any of ha
my aunts or uncles died; Allen Barks- we
dale lived at old Frenchtown ; did'nt 1
send for, the doctor for .Johnnie during lik
these spi'lln r did'nt see any after he on
wus four yoara old fora number of yearn ; Sal
can't say anything as to his drinking for 1
I never Kaw him under the influence of of
whiskey in my life; it was throe years Jol
ago when ho collared tho negro ; he was of
not under tho influence of liquor then ; the
that was the first evidence I saw of the dis
return of these spells ; he never man- he
ages his father's business ; worked with bit
the rest of the hands; sometimes trans- hin
acted business for him ; ran abcounts for asli
himself after bis marriage ; he worked cla
his own orop and managed and controlled the
his own hand* ; we sent him to school too
er to his head and ho was soon all
ight; lasted not more than fifteen or
wenty minutes ; one morning at the
jreakfast tabic?ho was boarding nt my
muse?he was similarly ail'ected ; be
rame palo and lost his intelligence, and
,vas taken from the table ; lasted a very
ihort while.
Cross-examined?When ov?-r the
Ibbeville, Due West and to Adgcr t
: wns stabbed in the back in a r
it nl a party at my house on 14th t
uu.iiv. I
lr. A. .1. Ferguson. sworn: 'Am the '
i < ' 'oh-: I'ci^Umhi. Tim uiil thai 1
scd 111in beh?n i l<> me. Shu is now }
\\'i>ou thirty and thirty-live years old. *
u\e seen her l>!:ii.r him in the house
manner spoken of. his eyes looking ?
I 'ind h?- pah* and uiieonscious. He '
iilil sometimes wake up screaming. '
is lasted until he \t:is livo years obi. ]
I Dr. .Inn Mahry to attend him. As '
Jilciv ?ddev ll" S"e.llod to net OVcT '
ill. 1 didn't know oT any spell until
went to Walhalla to seliool, five years 1
>. I brought liim nwny because 1 did
. know what mi.dil b the r-'sult. He
r at Adg'-r Co.lege ior live months ; let 1
n go to work ai'ii-r I luul brought him 1
me; did all sorts of plantation work. 1
towing lii-s disposition to have these
dis I tried to favor him all 1 could,
lien it was very hot or had laborious
rk I would favor him. I saw speli
(lint in SI or '8*2. We were haulitiy
ru Ilk lit>t(!iu*r I I.<i.l 1
art. John tumbled over: moved him
side of a tree, and remained there in
tnpid, pale condition and didn't seem
know anything. It was about two
urs before he was rational enough to
ow which way to go. He helped us
e in tho evening. When lie got up
started in a different direction from
me. The spell occurred about 10 a. in.
lon't think he had been drinking that
rnintr. This was before he was uiar<1.
I noticed another similar spell,
ent him to tho mill to sec about some
nlier. When he came back was look*
; curious and strange. I saw someng
was wrong with him; asked him
out tho lumb'.'r and he gave me no
isfactory answer, lie then went out
hack door and his mother folloved
n. . went out of front door and
ilked round end of house, and saw him
he turned the negroe loose. Xegroe's
inn was Tom Horry. Know of no
tilde between Tom Berry and him,f.
I saw. no more spell while he was
rking wit'i me. He worked crop Jo
msell after ho was married. I was
mg across bottoms in very hot
(athor. John wis plowing n:ul he
d that he believed ho had give out.
old him to go to the sntiiig and gel
me water ami cool off. I w>-nt to
ring first, and as he came I saw somemg
was the matter with him. He was
t savine a \rurd. and inst as h;? o-ot
posite the spring he fell. I poured
Ll<*r on his fa**" anil fanned him. lie
1 not speak for some tiinr\ ami was
conscious. 1 staid with him one hour
d a half, lie did not talk s"iisib1y
jen he did commence talking. He
dit with me to my house, and plowed
ittie late in the evening. He had a
uilnr spell last y jar in the cotton patch
Iuly, about 10 o'clock in the day.
; suid Pa, I helieve I am going to faint;
. re looks like there is a thick cloud of
loke in front of me. I then took him
shade ami he fell down and tried to
use him up. hut couhl not for about
hour. When 1 did he said ho wanted
iter very bad ind took him to a spring
I) yards off. He didn't have any more
it day. He was stabbed in back the
th February, 18B4. It was i riirht
aight slick and gave him severe pain.
; never has looked the same since the
ibbing. He looked sail and diseoured;
didn't look natural out of his
es; held them in one position; they
>ked set; hardly ever winked tliem.
know something of John's drinking.
; began to drink three years ago. I
ve seen him drunk a time or two at
/ house; In.' has drank very heavy for
>t twelve months; I have noticed it
year, but for last two months it has
en an incessun, thing. Ever since he
is stabbed. 1 know of no cause for
. r i.~.. ? _ 1) > u:...
> vi i i ii rv 11, i iiuvu nr:\ ci uuun t*u imil
manage his own nfTairs since he has
en living by himself; I have been
ing there two or three times a week
* the last two months, inquiring jfchere
was anil where he had been; I was
ai<l he was coming to town to get
liskey and I wanted lo catch up with
in; he had eresipelas very bad in his
"t leg; he went to Ninety-Six to attend
wedding and came back on Friday; h?:
is plain crazy when he came hack; he
d had something to drink, und a heap
it; 1 smelt it, he was the craziest man
over saw in my l:fe; don't think he
>pt a wink that night, was in the same
oin with him; tried to get him to take
nip of cotFue; said he didn't want anyinz
to eat and begged his wife not to
we him; after I went to bed heard him
II his wife tlifit ho wished he was dead
d out of the way. Next d*y I came
wn hi*re to see Dr. Mahry about John.
;aw John on Monday and on Tuesday;
had been drinking then; he camn to
y hou*e and had a jug of whiskey;
cd to conceal it; heard him say he had
itrnng notion of taking a gun and blow
i his brains out; I didn't sou him on
ednesday until Into in the e vening; I did
t knon he was to come to town until
:e in the evening; three was to be a
irringc at Mr. Brooks'?his wife's si? ;
John was not to be there; I went
or and made arrangements for his
other Tom to bring his wile to town
d for John to stay at homo; 1 didn't
mt him to come to town; he connted
to that arrangement; never heard
tn say a word about Benedict; John
d carried a pistol regularly; certainly
p four or five months; he began awhile
fore the election; ever since the Guffin
air; my daughter Lizzie had fits for
c or eight months; have seen her in
my a one; would jerk and foam at the
juth and always try to get hold of me;
'. Roberts attended her, (vial contain'
; vera tram viriile handed witnoss
d identified as the one out of which
a medicine for daughter Lizzie was
tained) Don't know where John got
< whiskey.
Cross-examined?I saw him drink
me between Fridavand Tu#ndnv; I shvr
u hav? a bottle on Saturday; don't
o\r whether he was drinking on Mony;
was attending to his stock when 1
iv him; didn't seo him on Tuesday
I one o'clock; hnd been to town on
it day; I don't think he is a close
yer; he staid at Adger Collcgo until
3 term was out; never heard of his
inking either at Krskine or Adger
liege; didn't know anything of John's
uling Benedict a load of wood the
ek before.
He-direct?The jug spoken of looked
e a half-gallon jilg; brought it home
Tuesday evening, and had a bottle on
turday.
I'rof. J. K. Biley, sworn : I was one
the Professors of Adgcs college when ,
tin Ferguson was therein the spring
1880; he had spells when he was
ire ; one day in the recitation room I
covered somethidg wrong with him ;
looked very palo. as if he would turni
over ; I addressed some questions to i
u but could get no intelligent answers ; ,
:ed some of tho young men of his
bs to take him out of the room into ,
i air and do something for him ; they i
k him to the spring and applied ws- i
spoils ho seemed all right again ; lie
sometimes asked to be exeused from rentations
ns he was unable to prepare
:hem on account of some peculiar luring
in h:.s head ; at all other times he
was sane; when spell was on him he
was not (leni oust rati ao ; it never came to
mv knowledge he was drinking when in
Walhalla.
Re-direct?I came to Abbeville on
other business ami met Mr. Ferguson
nnri told him what I knew of these
spells.
Lewis Belcher, colored, sworn : 1
live at Mr. Jack Ferguson's ; have often
seen John working in the field with thw
other hoys; John and I were ploughing
together year before last and John tumbled
down rigth on the ground : he put
his hands to his face and said Oil my
head ! said he would be all right directly
; 1 went two rounds and he
then started on round with his horse
again ; then wont to the spring and got
some water ; Joe and Tom were both
there.
Joseph 1>. l'erguson, sworn : Am
brother ol John Ferguson ; was present
in the woods when spell spoken of by
my father was on John ; he dropped
down nnd did'nt say any thing ; he was
unmarried; it was in January sometime,
rainy and muddy; he lay there about
live minutes, and then got up and staggered
round and said Ins head was hurting
powerful bad ; 1 left hiin and father
in woods and went, on to mill 1 saw
him once before in a similar fix; about
eight years ago wo were hoeing cotton
and John fell down and staid awhile,
when he got up and went to the shade ;
?.. i : ?' ??
v.ii V.V. TV.-.H3 "o" 1 nn? in yarn ? nun
John walk o?l up ami col la rod Tom Horry
and told me to hand him the ax he
wanted to kill that negro; I had the ax
in my hand ; he gave no reason for
wanting to kill the negro ; 1 knew of no
trouble between John and Twin Berry :
don't know whether he was drinking or
not ; he looked pale and foolish ; about
a month before C'hri<tmns my brother
and myself found, him lying in his piazza
insensible ; this was about - j>. in. :
it was half an hour bet'.-ir.; I rould get
him roused u;>; when he got uu he complained
of his head ; ab.?ut a week before
he went to Niuetv-Six 1 went to his
house from town ; he seemed wrong in
some way; said he was going to kill
himself, and went into the house and
got his pistol which 1 took from him ;
he had been carrying a pistol for seven
or eight months to mv knowledge; he
has been drinking a good deal since
he was stabbed ; and more in the last
three months than he had done nil the
year; was with him at Ninety-Six ; was
drinkimr when I trot there; John went
to sec Dr. Wenck, who rubbed his log
with something, and as we started away
gave him a drink of what I thought was
whiskey; John was drinking when we
left Ninety-Six. but soon he let the lines
drop and Tom drove the rest of the way ;
he hail not been drinking that morning
that 1 knew of; he caine home on Friday
and when he got there he did'nt
have a bit of sense.
Cross-examined?He was under the
influence of whiskey when he came from
Ninety-Six ; nobody lived with him except
his family ; I don't think he was
drunk the day he wanted to kill Tom
Berry ; saw-mill he was sent to-was not
in the direction of town.
Mrs. Mary Kennedy, sworn : 1 live
at Ninety-Six, two miles from the town ;
the wedding look place at my house ;
ain aunt of John Ferguson ; his appearance
attracted my atiention and I saw
there was something wrong with him
when he got ont of the buggy ; he looked
different from what 1 had always seen
him : he talked and acted strange next
dav . nil tllP hp fi'flu iln?-n ihoro (in
looked strange; there was no whiskey
in my house, except some for silla-bub ;
no whiskey is sold in Ninety-Six ; it is
a dry town.
Mrs. Carrie Richey, sworn : ain the
step-daughter of Mr. B. D. Barksdale
the uncle of Ferguson ; I was six years
old when my mother married Mr. Barksdale;
he lived fifteen years after marriage
; lived in Mississippi till lg72 ; at
times he drank very hard, would then
be delirious, gather his arms and say he
was going to kill some one ; >10 one
could control him except myself and 1
would make him go to bed; after-he
quit drinking he continued to have
llii'in ; come chiefly at night ; on one
occasion ho attempted to cut clown and
burn up his own house : was away from
home a good deal when I came back
here, but saw him have several tits.
Cross-examined?I and my mother
and John Smith sometimes saw him;
I don't think J. H. Barksdale ever saw
him.
Thos. F. Ferguson, sworn : Am
brother of John ; John drove the horses
into Ninety-Six and I drove them back ;
John looked pale and dropped the lines ;
I was with Joe when we found hiin insensible
on the piazza; said he believed
he was going to die. and ho believed he
would have died if his wife had'nt got
there; John told me he was obliged to
drink, because he thought he was going
to die.
Gross-examined?He never was at
home under the influence of whiskey;
f think he had some whiskey at Ninety
Six.
Tom Berry, colored, sworn : Lived
on Mr. Ferguson's place year before
last; not living there now ; one day as
we came in from hunting I was standing
at smoke house skinning rabbits when
John catno out of the house and came
straight on to me ; looked sorter wild
at me, collared me and asked Joe for
tlienx ; did'ntcall my name : no trouble
between us.
Cross-oxamiued?Did'nt hear him say
what he was going to do with the ax ;
have seen a drunk man catch hold ofanother
: did'nt know whether John was
drinking or not.
11. A. llichey, sworn : Met Ferguson
one day in town ; commenced teasing
him about getting married ; he started
home with me; commenced whipping
his horse ; I remonstrated ; asked him
into dinner ; he s.ud he would rather eat
his next meal in heaven or hell, ho did'nt
care which.
It being rather lato, and tho whole
Court being worn out, Court was adjourned
at this point until nine o'clock
the next morning.
Saturday's Proceeding*.
T. L. Haddon, sworn: 1 was summoned
as a witness for tho State. Was
a witness at me inquest; l met Mr. Ferguson
at door of Auerbach's store; I
noticed he came near falling; I saw hiui
go in; he went in a few steps and stopped;
afterwards wont further; later neard
swim1 one quarreling; heard "damn lie''
passed just inside the door; do not know
who said it, or whether it was said in
jest; couldn't have been more than a
minute after I heard this, till the shot;
can't say whether 1 heard anything said
about wood before or after the shooting;
I don't kuow where it came from.
Cross-examined?I was sick yesterday:
wrote thnt note to Mr. Bonham;
didn't know *h voice inside of the door;
several peisoi.s in there; didn't have
onversatien with Ferguson in which ho
mentioned B--nedict's name; didn't tell
\V. S. Co!hum 1 heard him say he intended
to kill Benedict; didn't see altercation
between Benedict and Ferguson.
Two or three minutes after Ferguson
changed position until I hoard shot*
l)r. F. F. Uary, sworn: I am practicing
physician in Abbeville; 1 am Lihraian
and Secretary and ex-president of the Abbeville
Medical Society, Chairman Hoard
of Health; I recollect the sad occurrence
of the post mortem examination: I smv
the dead body of Benedict; 1 didn't see
any powder burns on his clothes; I
know something of epilepsy, of its characteristics
and varieties; there is really and
essentially but one variety of epilepsy,
but that is divided; serious form is
termed grand mal, the other petty mal;
the lines between them not distinct; a
patient may suffer from grand mal and
petty mal at the same time; grand mal
comes on suddenly: usually lirst thing
patient knows he falls with convulsive
'motions, uttering cry; as many fall without
cry as with cr>; as often silent as
preceded by cry; grand mal always fall,
lose consciousness, da/.ed appearance;
> >< ?...? : -II ' ? " -
...... nui. iiwiiv-i, k iii uii, uinc.vi luofciog
at patient; ordinarily might not hi; m?tic> I
by any one; 1 know of cases of epilvplio
have tits upon them, where patient jro
on automatically; a wound aggravates
or may bring on epilep?y; an epileptic
may be more apt to be affected; by reflex
or the nervous disturbance, u wound
aggravates or may bring on epilepsy;
severe pain of eresypelas may produce
epilepsy; any pain to nervous system
liable to bring on epilepsy; an epileptic
not any more disposed to liquor;
irascible, easy to find fan 11, changes temper,
has melancholly or depressed feeling.
especially when its pending, or immediately
afterwards, convulsions always
at grand mat; foaming at mouth not
alv 3 .n petty tnal; alcoholic stimulants
aggravates the disease; a person who is
epileptic may be deranged though apparently
sane; a man may be sane on a
great many things?others not; knows
of a medicine called vera (rum viririe;
an cpilectic during influence of that disease
is liable to suffer from hallucination.
Cross-examined?Kffect of epilepsy
to inducc weakness or imbecility; grand
mal while pending has effect to destroy
the mind; brings on idiocy and dementia;
look foolish; don't look natural; with
one form of epilepsy they can conceive
anil perlrom acts which require locomotion;
veratruin usually ufted in other
cases than epilepsy; it slowa the pulse;
children screaming at night evidonce
sometimes of heavy supper.
THB 8TATE IN REPLT.
Jones F. Miller, sworn : Am a merchant;
have known the defendant for
seven or eight years ; have had business
with him ; conducted himself just like
any other man ; he is a close buyer ;
have no reason to believe that he was
any other than a sane man.
W. R. Smith, sworni : 1 live (wo
miles from here and have known Ferguson
for five or six years; had business
with him up to November 1384;
managed his business as well nx many
would ; have no reason to believe that
he was any other than a same man.
W. T. McDonald, sworn : Hare
known Ferguson for five or six years ;
he clerked for me for four months; I
have seen nothing to lead me to believe
he was any other than a sane man.
11. McCi. Hill, sworn: Have known
Ferguson for four years ; have bought
goods from me like any one else ; he
was a close buyer, he seemed to be careful
iu business, I saw nothing to lead
me to believe he was insane.
J. L. Perrin, sworn : I know Fergnson
; went to school with him at Krskine
college : saw a good deal of him ;
saw nothing strango about him ; thought
he was sane.
.Taines Chalmers, sworn : I know
Ferguson ; went to school with him in
town, saw a good deal or him ; have
seen nothing in liis conduct to lead mo
to think he was insane.
llev. H. C. Fennell, : Lire in this
County ; know Ferguson ; have'nt seen
tnuc-h of him ; saw him on 2d of last
month ; visited him in jail.
llev. \V. F. Pearson, sworn : Live at
Due West ; am Pastor of Lung Cine ;
have known Ferguson for nine years;
knew him liuru and at eollege : I have
never noticed anything to lead me to
think he was insane.
Dr. T. .1. Mahry, sworn : Live in this
village; am a physician, llnve part of
the time b.-en the family physician of
Mr. Fergusoo. Have seen a good deal
of .lohn. Known him all his life.
Never thonghtnnything hut of his being
u sane man. Did'nf hear all of the evidence
in this case. Kpilepsy w< ak"iis
the mind, severe forms ultimately desstroy
it. Symptoms are swollen purple
appearance of the face, features contorted
and foaming at the month and unconsciousness.
There are cases on record
where these do not appear ; cant walk
in an epileptic fit; comatose condition a
necessary effect; symptoms of petty m-tl.
unconsciousness and staring of the eyes,
amounts to nothing until severe forms
set in. Usually no premonition in epilepsy
: some premonition in fainting and
vertigo, '
Cross-examined?Petty tual may effect
the. mind after a while ; don't knowthat
they fall down in petty mal; a
wide difference in visible eHerts. Petty
mal might go into gntnl mal. I can't
nay a man may be insane and others not
know it.
l)r. J. L. Pressly. sworn : Am a physician.
Did not hear nil the testimony.
From testimony I heard it is liant to tell
tho exact nature of the disease the defendant
is suffering from. 1 should say
either syncope, fainting fit or vurtu'u.
Not possible to have epilepsy without
the symptoms mentioned. The tit deprives
them of the voluntary usoof ihu
limbs, (leneral effect of epilepsy is lo
weaken the mind, produces imbecility
or wenkness, depending on the severity
and frequency of iht^jtltauks.
Cross-examined?There ure a great
inanv late books on the nervou* diseases,
(H? re the witness was subjected lo a meet
acnrchiiigand lung examination, lulling
hi* knowledge in various brandies anil
which the reporter was unable to tako
down.
Ke-direct?Kpi I optics are not considered
dangerous to tne community.
Dr. J. W. Wideuian, sworn: Am
phyuician at l>uo West; heard most of
the testimony; symptoms indicate fainting
fit or vertigo, rather than anything
else. In epilepsy it is impossible to
conccivo; might walk under a slight *t[Continued
on 3d page.]
J